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Canada decisions
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The Ontario Court of Appeal upheld Damien Allred’s conviction, finding no reversible error in the trial judge’s refusal to let the in-custody accused sit at counsel table.
Court discharged a juror after a s. 644(1) inquiry, finding conduct that threatened jury deliberations. A mistrial was declined and 11 jurors continued.
Appeal dismissed from a jury verdict in a motor-vehicle injury case. The court upheld the unanimity instruction and found any error in the earning-capacity charge harmless.
The Supreme Court of British Columbia dismissed a mistrial application after a juror note raised concerns about premature jury discussions, opting for a stronger mid-trial instruction.
The court dismissed the motion because the appellant failed to establish a credible, non‑speculative foundation that the juror had a disqualifying connection or that extrinsic influence likely affected deliberations; permitting examination would improperly intrude on jury secrecy and the presumption of juror impartiality was not rebutted.
Source excerpt
The trial judge erred procedurally in the mechanical allocation of peremptory challenges but the error did not prejudice the appellant's s.11(d) right to trial by an impartial jury and is cured by s.686(1)(b)(iv); the remaining complaints about jury selection, jury question response, lost juror notes, Crown closing and corrective instructions, jury instructions on consent and post-offence conduct, and evidentiary rulings did not constitute reversible error, therefore the appeal is dismissed and convictions are upheld.
Source excerpt
On the balance of probabilities the applicant established that repeated, extensive and prejudicial publicity (including publication of inadmissible evidence and prior convictions) combined with Kentville's relatively small jury pool and two prior local trials created a probable inability to obtain a fair and impartial jury in that district; procedural safeguards could not be relied upon to cure the demonstrated prejudice, so a s.599(1)(a) change of venue to Halifax was required.
Source excerpt
The Supreme Court held that the jury was not properly instructed on the need for structure and continuity in a criminal organization, and ordered a new trial on that count.
Appeal dismissed from convictions for sexual interference. The Court upheld admission of uncharged discreditable conduct, found the jury instructions adequate, and declined to revisit G.L.M.
The court refused Larry Ronald Amero’s request to question jurors about media coverage of Rabih Alkhalil’s absconding, finding no evidence of juror exposure or bias.
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